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‘Déjà vu’: Amanda Knox podcast focuses on Soering case

Like Jens Soering, Amanda Knox was a college student when she was convicted of murder. She spent four years in an Italian prison for the 2007 murder of her roommate in Perugia, and her case became a cause célèbre before she was acquitted in 2015.

Since her return to the United States, she’s become an activist for the wrongfully accused, and has a podcast with Sundance called “The Truth about True Crime.”

Knox sees similarities in her case and Soering’s that “cut to the bone,” she says in the first of the eight-part series that streamed May 29.

Soering was convicted of the brutal 1985 murders of Bedford couple Derek and Nancy Haysom, the parents of his girlfriend, Elizabeth Haysom. Soering was 18 when he met the two-and-a-half years older Haysom at UVA, where they both were Echols scholars.

He was also a virgin, who said he was besotted with the alluring older woman. Soering said when Haysom told him she’d killed her parents, he offered to take the fall, believing that because his father was a German diplomat, he’d have immunity that would limit his imprisonment to 10 years.

The case was an international sensation, with Soering described as a “love slave” to Haysom’s “femme fatale,” says Knox. Her series “paints a much more human picture.”

She, too, was caricatured, called “Lady Macbeth” and a “master manipulator.” Says Knox, “When I hear these descriptions, alarm bells go off.”

She lists other “haunting and almost unbelievable echoes” to her own case: the brutality of the slayings, the police screw-ups, the young lovers as suspects, the media spectacle, the disputed alibi, and the questionable forensics.

“It all gave me déjà vu,” says Knox.

Jens Soering has been in prison for 33 years, and Knox is the latest high-profile person to voice support for him, joining writer John Grisham, actor Martin Sheen, Albemarle Sheriff Chip Harding, Innocence Project founder Jason Flom, and most recently, former Nelson Mandela attorney Irwin Cotler.

A German documentary on the case called Killing for Love was released in 2016. That same year, Soering’s attorney, Steve Rosenfield, filed a petition for pardon to the administration of then-governor Terry McAuliffe, but McAuliffe didn’t act on it.

Three years later, the case is “in the hands of the pardon investigators,” says Harding, who believes it could wrap up this summer.

Harding thinks Knox’s involvement will help Soering’s case. “Public awareness will help in any case where there could be a wrongful conviction,” he says.

Soering was convicted by a jury in 1990 and sentenced to two life sentences, in part because of the testimony of Haysom, who is serving a 45-year sentence as an accessory before the fact.

Information the jury was given then can be challenged by subsequent technology, says Harding. For example, DNA analysis was not available at that time, and the jury would not have known that recent findings identified the blood of two different people at the Haysom home—but not Soering’s.

And some of the evidence the jury was given, such as a bloody sock print the prosecution claimed belonged to Soering, falls under the category today of “junk science.” Says Harding, “That jury was given information known to be wrong at the time.”

Frustrating for many reexamining the case, including Harding and a handful of other police investigators, is “the lack of cooperation from Bedford County,” where Soering was convicted, Harding says.

Says Knox, “What I learned shocked me, angered me, and moved me in ways I wasn’t ready for.”

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Wrongful delay: Virginia continues to victimize Robert Davis

It wasn’t enough that a wrongful conviction took nearly 13 years of Robert Davis’ life. Now, two years after he was released from prison and more than a year after then-Governor Terry McAuliffe granted him a full pardon, the General Assembly is stalled in a budget war that threatens to hose Davis’ state-mandated compensation.

Delegate David Toscano carried the bill that would give Davis nearly $600,000, and it passed the House 100-0. But when it went to the Senate, it became entangled in the Senate’s budget that does not expand Medicaid and the House’s, which does. That difference caused the Senate to slice expenditures, even for the wrongfully incarcerated.

Davis was 18 years old when he was named as a participant in a February 2003 murder of Nola Charles and her 3-year-old son. After being subjected to a police interrogation that resulted in what’s been called a “textbook” false confession, Davis entered an Alford plea and was sentenced to 23 years in prison.

It was only after two siblings convicted in the slayings, Rocky and Jessica Fugett, admitted that Davis had nothing to do with the deaths, that he was released from prison December 21, 2015.

“It’s frustrating,” says Davis. “I made $12,000 last year,” working four and five part-time jobs.

The General Assembly has a formula to compensate the wrongfully incarcerated that’s based on 90 percent of the state’s per capita income.

“I don’t think it’s fair,” says Davis’ attorney Steve Rosenfield. “It does not take into account the 12 years of a young man’s life. It doesn’t take into account going to the movies or getting a pizza—all the things that were denied Robert.”

If the General Assembly agrees to the compensation, Davis would get an initial lump sum of $116,463 as soon as he signs a release agreeing to not make further claims against the state. The balance of nearly $466,000 goes to purchase an annuity for Davis, who is also entitled to receive $10,000 for tuition at a Virginia community college.

Davis says he’d use the lump sum to pay off debts and buy a reliable vehicle. “I’m so afraid my car will die on me,” he says.

He also wants to take classes to get electrical or HVAC certification. “I want to get educated,” he says. “I know I can’t live off this money forever.”

The General Assembly session adjourned March 10 without voting on a final budget bill, and the fate of Davis’ compensation is uncertain. If the General Assembly does not have a budget to fund government operations on July 1, Governor Ralph Northam will likely propose a new budget and require a vote.

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Immune system: Weiner sues Lunsford for prosecutorial misconduct

The man who was convicted of abduction with intent to defile and who spent two-and-a-half years in jail before the alleged victim’s story fell apart filed suit July 14 against the former commonwealth’s attorney who prosecuted him.

Mark Weiner, now living in Maryland, filed a civil lawsuit in federal court July 14—exactly two years after the day he was released from jail—against Albemarle County, the commonwealth’s attorney office and Denise Lunsford.

In December 2012, former Food Lion manager Weiner offered a ride to then-20-year-old Chelsea Steiniger, whose boyfriend had refused to let her spend the night. Steiniger claimed that Weiner put a cloth over her face with a mysterious agent that rendered her unconscious, used her phone to send taunting texts to her beau, and that she awakened in an abandoned house on Richmond Road, where she grabbed her phone, leaped off a second floor deck and escaped.

After Weiner was convicted in May 2013, his lawyer complained that Lunsford prevented him from entering exculpatory cell tower records that showed Steiniger was likely at her mother’s house.

The case became a national story and was a major factor in Lunsford’s unsuccessful bid for a third term in the November 2015 election, when Republican Robert Tracci unseated her.

Weiner’s civil attorney, Barton Keyes, is a member of a wrongful conviction practice in Columbus, Ohio.

Despite the formidable immunity Lunsford had as prosecutor, Keyes says, “We think in this case, the circumstances will let us hold her accountable.”

The complaint did not specify monetary damages but Keyes says, “Mark spent over two years in prison. We’re talking substantial damages.”

Lunsford sent a statement through her Richmond McGuireWoods attorney and says she conducted her duties as commonwealth’s attorney “diligently, ethically, and to the best of my abilities.” She says she’s proud of her service in protecting the interests of justice and safety in the community. “As a private citizen now, I intend to defend my personal and professional reputation in court, and not in the press,” says Lunsford.

Tracci issued his own statement: “Because the office I serve is named in this suit, I will reply to its merits when appropriate and in due course. Without speaking to the merits of this suit, my personal views concerning the handling of the Mark Weiner case are widely known and a matter of crystal clear record.”

Experts say prosecutorial immunity will be a tough hurdle for Weiner to overcome.

“The main legal obstacle to holding prosecutors accountable for misconduct that leads to wrongful convictions is that they have absolute immunity for civil damages for their lawyering in the courtroom,” says UVA Law’s Brandon Garrett. It’s even harder to know if prosecutors concealed evidence of innocence “because in states like Virginia, they need turn over so little of what is in their files,” he adds.

Steve Rosenfield was an attorney in one of the few successful civil suits waged in a wrongful conviction, in which his client, Earl Washington Jr., came within nine days of execution. Rosenfield says Weiner “is on solid footing morally. Legally, he’s likely to run into serious barriers.”

Deirdre Enright heads UVA’s Innocence Project Clinic, and three years ago she said Weiner’s case “had all the earmarks of a bad case because it didn’t make sense.”

Immunity makes prosecutors and police “Teflon to meaningful consequences,” even though their misconduct is a leading cause of wrongful convictions, she says. “The average citizen will pay a fine for a broken taillight, but most prosecutors won’t pay a dime for their role in wrongfully convicting someone, however nefarious their conduct.”

Keyes says Lunsford proceeded to prosecute “despite clear evidence that contradicted [Steiniger’s] story. Most egregious, he says, was that it appears “the prosecutor was thinking her sole role was to secure a conviction when in reality a prosecutor’s job is to secure justice.”